Sree Bhadra Charitable Trust v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 29747 of 2010 (P) ----------------------------------------- PETITIONER(S):

-------------------------- SREE BHADRA CHARITABLE TRUST, THODUPUZHA, A REGGISTERED BODY BEARING NO.56/IV/08, REP.BY ITS SECRETARY, RAJEHS RAJAN, AGED 34, S/O.SASIDHARAN NAIR, MUNDUPALATHINGAL HOUSE, KUMARAMANGALAM KARAYIL, THODUPUZHA TALUK, IDUKKI DISTRICT.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S):

----------------------------

1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT.DEVASWOM DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE TRAVANCORE DEVASWOM BOARD, REP.BY ITS SECRETARY, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 001.

3. THE COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 001.

4. THE SUB GROUP OFFICER, THODUPOUZHA SUB GROUP, THRIKKARIYOOR GROUP, TRAVANCORE DEVASWOM BOARD, THODUPUZHA-686 692.

5. THE TAHSILDAR, THODUPUZHA TALUK OFFICE, THODUPUZHA-686 692.

R1-2 BY ADVS.SRI.P.G.PARAMESWARA PANICKER (SR.) SRI.P.GOPAL SRI.KRISHNAKUMAR MANGOT(AMICUS CURIAE) R5 BY SRI.A.RENJITH, GOVERNMENT PLEADER R BY SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG

WP(C).No. 29747 of 2010 (P) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:

COPY OF THE TRUST DEED DATED 20.6.2008 OF THE PETITIONER TRUST.

EXT.P2:

COPY OF THE DOCUMENT BEARING NO.1125 OF 1977 DATED 2.8.1977 OF THE THODUPUZHA SUB REGISTRY.

EXT.P3:

COPY OF THE JUDGMENT IN WPC NO.2036 OF 2006 DATED 1.2.2006 BY THIS HON'BLE COURT.

EXT.P4:

COPY OF THE COMMUNICATION BY THE BOARD DATED 31.7.2007.

EXT.P5:

COPY OF THE COMMUNICATION BY THE THANDRI DATED 7.8.2010.

EXT.P6:

COPY OF THE COMPLAINT BY THE PETITIONER BEFORE THE PRESIDENT OF THE 2ND RESPONDENT DATED 13.8.2010. EXT.P7:

COPY OF THE NOTICE SIGNED BY THE 4TH RESPONDENT DATED 2.9.2010.

EXT.P8:

COPY OF THE REPLY TO THE COMMISSIONER AGAINST EXT.P7 WITH NOTICE TO THE SUB GROUP OFFICER.

EXT.P9:

COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEPTION OF EXT.P8.

EXT.P10:

COPY OF THE BROCHURE FOR THE SAPTHAHA YANJAM DATED NIL.

RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A TO JUDGE

THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.

------------------------------------------------------------------ W.P.(C).No.29747 of 2010 ------------------------------------------------------------------- Dated this the 18th day of November, 2015

J U D G M E N T

Thottathil B.Radhakrishnan, J.

1.Heard the learned counsel for parties.

2.Read the report dated 27.02.2011 of the learned Ombudsman. 3.Now, read the order dated 03.03.2011. Today, it is submitted that following that order, the suggestions in paragraph Nos.5, 6 and 7 have been carried out and the entire funds have been handed over to the Travancore Devaswom Board on behalf of the Deity. The income from the Kanika Vanchi have also been collected by the Travancore Devaswom Board authorities. Nobody has any objection to that situation being made final. Under the aforesaid circumstances, this writ petition is

WPC.No.29747/10 ordered recording as aforesaid and directing that it shall be ensured by Travancore Devaswom Board authorities that no such situation is permitted to recur hereafter. Sd/- (THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/- (ANU SIVARAMAN, JUDGE) //TRUE COPY// P.A TO JUDGE DG

WPC.No.29747/10